(A) It is a defense to prosecution under § 130.02 above that the minor was:
(1) Accompanied by the minor's parent(s) or guardian(s);
(2) On an errand at the direction of the minor's parent(s) or guardian(s), without any detour or stop;
(3) In a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route;
(4) Engaged in an employment activity, or going to or returning home from a lawful employment activity, without any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of Pleasanton, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of Pleasanton, a civic organization or another similar entity that takes responsibility for the minor;
(8) Exercising first amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly;
(9) Married or had been married or had disabilities of minority removed in accordance with Tex. Family Code, Ch. 31;
(10) Acting at the direction of a peace officer; or
(11) Remains in any public place or on the premises of any commercial establishment during the scheduled vacation of or on a holiday observed by the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate; or that the minor has permission to be absent from school or be in a public place from an authorized school official. In the case of a minor being educated in a home school, a parent or guardian shall be deemed a school official.
(B) It is a defense to prosecution under § 130.02(C) above that the owner, operator or employee of a commercial establishment promptly notified the Police Department that a minor was present on the premises of the commercial establishment during curfew hours and refused to leave.
(Ord. 1226, passed 3-21-2002; Ord. 1324, passed 10-4-2007; Ord. 11-1029, passed 3-17-2011)